Forensic Psychological Evaluations (Criminal)

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Competency to proceed evaluations in Colorado involve a review of relevant history and collateral information, a diagnostic and prognostic opinion, and an opinion of whether (due to mental illness) the defendant lacks 1.) a factual understanding of the proceedings, 2.) a rational understanding of the proceedings, or 3.) an ability to consult with counsel and contribute to their own defense. Though most initial competency evaluations are conducted by state evaluators, the court may specifically request a private evaluator to conduct the evaluation. It is also common for private evaluators to conduct "second evaluations," when an objection is raised regarding the initial report.  

Common issues in reports that result in a request for a second evaluation are:

1.) Insufficient review or collection of collateral information

2.) Lack of thoroughness

3.) Diagnostic uncertainty

4.) Insufficient justification of statutory opinion

5.) Conflating factual and rational understanding

6.) No assessment or consideration of exaggerated mental health symptoms

7.) Lack of psychological testing when it appears indicated

Mental state at the time of the offense evaluations in Colorado occur when a defendant pleads not guilty by reason of insanity. Per Colorado statute, these evaluations must be conducted by a forensic psychologist (CRS § 16-8-102-2.5). 

According to Colorado statute, a person not guilty by reason of insanity is, "A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act" or "A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged" (CRS § 16-8-101.5).

These evaluations include an evaluation of the defendant's competency to proceed (defined above). If the defendant is not competent to proceed, the court is notified and the evaluation is discontinued. If the defendant is competent to proceed, a full evaluation will typically include a thorough review of the relevant history, a review of multiple accounts of the alleged incident, a review of any available body camera or security footage,  and any indicated psychological testing.  

In Colorado, interviews of defendants charged with a class 1 or 2 felony or a felony sex offense must be video recorded and preserved. 

After a defendant is found Not Guilty by Reason of Insanity and committed to a forensic hospital, he/she remains hospitalized until  proving by a preponderance of the evidence that the defendant has no abnormal mental condition that would be likely to cause the defendant to be dangerous either to himself or herself or to others or to the community in the reasonably foreseeable future. A release evaluation is a psychological evaluation that speaks to clinical diagnosis and risk for future violence. The hospital conducts these evaluations at routine intervals throughout a defendant's psychiatric commitment, but defendants are also able to submit an independent/private evaluation (CRS § 16-8-115).

Reverse transfer cases: When a juvenile is charged as an adult in Colorado, this is called a "direct file." Defense counsel may then submit a motion to have the case transferred to juvenile court. The court considers many factors in determining whether it is appropriate to transfer the case. Forensic psychologists are often asked to evaluate juvenile defendants and offer opinions on some but not all of these factors, including 1.) The age of the juvenile and the maturity of the juvenile as determined by considerations of the juvenile's home, environment, emotional attitude, and pattern of living, 2.)  The current and past mental health status of the juvenile as evidenced by relevant mental health or psychological assessments or screenings that are made available to both the district attorney and defense counsel, and 3.) The likelihood of the juvenile's rehabilitation by use of the sentencing options available in the juvenile courts and district courts. 

Transfer cases: These evaluations are similar to the above, but occur before the juvenile is potentially transferred to adult district court. Statutorily, the court considers many factors - some of which are informed by forensic psychological evaluations, including: 1.) The maturity of the juvenile as determined by considerations of the juvenile's home, environment, emotional attitude, and pattern of living and 2.) The likelihood of rehabilitation of the juvenile by use of facilities available to the juvenile court. 

Other types of evaluations conducted in criminal proceedings may include mitigation evaluations, risk assessment evaluations, or animal abuse evaluations. 

If you would like more information on any of these types of evaluations, please contact me. 

Decisional capacity is defined as, "the ability to provide informed consent to or refusal of medical treatment or the ability to make an informed health care benefit decision." Psychologists may be involved in interviewing the patient, administering psychological testing, and writing evaluations speaking to the patient's decisional capacity. Though the patient's medical provider may offer such an opinion, it is often helpful to have an external evaluation conducted by a professional outside of the patient-provider relationship.  

An accurate diagnosis guides the way for effective treatment. Psychodiagnostic evaluations are helpful for those seeking a comprehensive evaluation of themselves regarding diagnosis and clinical needs. As well, these evaluations are helpful when someone is seeking a second opinion regarding their diagnosis, or when a therapist needs a more thorough assessment to accurately diagnose a client. 

Fitness for duty and employment-related evaluations are tailored to the specific requirements of the role and responsibility of the individual being evaluated. These evaluations typically include a review of relevant history and administration of personality testing and interpretation. The content and structure of the report will vary depending on the requirements of the agency or institution requesting the assessment.